WEBVTT - ‘You inflicted untold suffering’: the Erin Patterson sentence being appealed

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<v Speaker 1>Please stand.

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<v Speaker 2>Roughly a year ago, the Supreme Court of Victoria allowed

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<v Speaker 2>a television camera to broadcast a sentencing for the first time.

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<v Speaker 2>The hearing the convicted triple murderer Aaron Patterson for.

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<v Speaker 1>The attempted murder of Ian Wilkinson. I sentence you to

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<v Speaker 1>twenty five years imprisonment for the murder of Heather Wilkinson.

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<v Speaker 1>I sentenced you to life imprisonment for the murder of

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<v Speaker 1>Gail Patterson. I sentenced you to life imprisonment for the

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<v Speaker 1>murder of Don Patterson. I sentenced you to life imprisonment.

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<v Speaker 2>When Justice Christopher Beale sentence her to life in prison,

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<v Speaker 2>it was the conclusion of a story that had captivated

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<v Speaker 2>Australia for more than two years.

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<v Speaker 3>Oh, it was a big moment. It was a really

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<v Speaker 3>big conclusion to this that's been building up. It's amazing

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<v Speaker 3>to think it's stretched over two years now.

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<v Speaker 2>Investigative journalist Lucy Morris Maher followed the case since the

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<v Speaker 2>fatal mushroom lunch in July twenty twenty three, where Aaron

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<v Speaker 2>Patterson served beef Wellington laced with poisonous deathcat mushrooms to are.

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<v Speaker 3>In laws think the whole of Australia. They are watching

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<v Speaker 3>that live. Of course, it's also a historical moment today

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<v Speaker 3>because the Supreme Court of Victoria has never broadcast a

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<v Speaker 3>sentencing live or anything live like that. But as much

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<v Speaker 3>as the media have gone through this and covered debt,

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<v Speaker 3>it's nothing like the families. You know, the relief they

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<v Speaker 3>must feel today having gone through all that themselves, and

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<v Speaker 3>I know for them this has been absolutely exhausting.

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<v Speaker 2>Now Patterson has been back in court appealing her convictions,

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<v Speaker 2>while prosecutors argue with a sentence which allows her to

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<v Speaker 2>apply for parole after thirty three years, is too lenient

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<v Speaker 2>and that she should never be released from prison. I'm

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<v Speaker 2>Daniel James, and you're listening to seven AM. Today we

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<v Speaker 2>revisit our conversation with investigative journalist and author Lucy Morris

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<v Speaker 2>mart on the sentencing of Aaron Patterson, the suffering her

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<v Speaker 2>crimes caused, and how the judge decided her punishment. It's Sunday,

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<v Speaker 2>August twenty three. This episode was first published in September

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<v Speaker 2>twenty twenty five.

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<v Speaker 4>Lucy, Aaron Patterson has just been sentenced to life in

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<v Speaker 4>prison with a minimum prison period of thirty three years.

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<v Speaker 4>There were many aggravating factors that the judge spoke about

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<v Speaker 4>when he handed down that decision. One was her lack

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<v Speaker 4>of remorse. He mentioned that several times. So tell me

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<v Speaker 4>what you were thinking as you heard him lay that out.

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<v Speaker 3>Of course, you know, with a judge, you know, naturally

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<v Speaker 3>he doesn't ever say his opinion. Really, he did seem

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<v Speaker 3>very taken by the victim impact statements a couple of

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<v Speaker 3>weeks ago, where seven members of the hugely extended families

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<v Speaker 3>stood up and read their victim impact statement, and he

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<v Speaker 3>did say, you know, this is a tsunami of pain

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<v Speaker 3>and grief, and that got the sense of how he

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<v Speaker 3>was feeling. But of course, then to hear him lay

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<v Speaker 3>out in detail Erin's planning, her lies, and the way

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<v Speaker 3>he did it with such clarity, it just really reiterated

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<v Speaker 3>that the jury made the right decision.

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<v Speaker 1>The prosecution submits, and your council concedes that your offending

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<v Speaker 1>falls into the worst category of offending for these offenses,

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<v Speaker 1>and that you should receive the maximum penalties for your crimes.

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<v Speaker 1>I agree for reasons that I will come to in

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<v Speaker 1>due course.

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<v Speaker 3>And he was very scathing at times.

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<v Speaker 1>Naturally, not only did you cut short three lives, and

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<v Speaker 1>cause lasting damage to Ian Wilkinson's health, thereby devastating the

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<v Speaker 1>extended Patterson and Wilkinson families. You inflicted untold suffering on

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<v Speaker 1>your own children, whom you robbed of their beloved grandparents.

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<v Speaker 3>You know he said this crime was premeditated, unplanned. He

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<v Speaker 3>made the absolutely clear. He clearly outlined each aspect. For example,

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<v Speaker 3>looking at death caps on I Naturalist's website.

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<v Speaker 1>That is a website on which people can post and

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<v Speaker 1>view sightings of death cap mushrooms, amongst other things. On

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<v Speaker 1>the twenty eighth of May twenty two, you access the

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<v Speaker 1>I Naturalist weaks site and navigated to its worldwide map

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<v Speaker 1>in relation to sightings of deathcap mushrooms.

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<v Speaker 3>She bought a dehydrator. She took pictures of what experts

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<v Speaker 3>later said looked like death caps in that dehydrator and

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<v Speaker 3>sent them on her friend group with the True Crime

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<v Speaker 3>friends that she'd made on Facebook.

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<v Speaker 1>You photographed forage mushrooms on the trays of your dehydrator.

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<v Speaker 1>The images were found by investigators on a Samsung tablet

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<v Speaker 1>later seized from your home.

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<v Speaker 3>She invited Simon Patterson to the infamous lunch, saying she

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<v Speaker 3>had an important medical news which of course we now

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<v Speaker 3>know is lies.

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<v Speaker 1>Simon and you exchanged messages. Simon's read quote, sorry, I

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<v Speaker 1>feel too uncomfortable about coming to the lunch with you, Mum, Dad,

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<v Speaker 1>Heather and Ian tomorrow, but I am happy to talk

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<v Speaker 1>about your health and implications of that at another time.

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<v Speaker 1>If you'd like to discuss on the phone, just let

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<v Speaker 1>me know, you replied five minutes later, quote, that's really disappointing.

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<v Speaker 1>I've spent many hours this week preparing lunch for tomorrow.

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<v Speaker 3>And the judge said he accepted Ian Wilkinson's evidence that

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<v Speaker 3>she served guests on gray larger plates and hers was

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<v Speaker 3>on a small plate, which was a huge part of

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<v Speaker 3>the trial. You know, it just went on and on,

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<v Speaker 3>and it really reminded those watching live exactly how elaborate

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<v Speaker 3>this crime was and intentional.

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<v Speaker 4>Yeah, And he also said that it was clear that

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<v Speaker 4>she had wanted her guests to suffer. She would have

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<v Speaker 4>known the effect of poisoning with death cat mushrooms. And

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<v Speaker 4>he described her what she'd done as falling into the

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<v Speaker 4>worst category of murder and attempted murder. So what did

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<v Speaker 4>you make of his characterization of how serious her crimes are?

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<v Speaker 3>Absolutely correct, I mean during the trial. I was very moved.

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<v Speaker 3>It was very difficult to listen to the suffering involved

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<v Speaker 3>in terms of those poor people, the initial gastro symptoms

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<v Speaker 3>which became more and more extreme as the hours went by,

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<v Speaker 3>and then their time in hospitals as medics desperately tried

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<v Speaker 3>to save them. Their organs were basically filling the fluid.

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<v Speaker 3>And it was actually a reminder that violent crimes don't

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<v Speaker 3>always have to evolve a knife or a gun. This

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<v Speaker 3>was a very nasty, violent crime, and as he said,

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<v Speaker 3>she intended to kill them all, and she showed no

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<v Speaker 3>pity for her victims. Another quote he said was you

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<v Speaker 3>followed through on your lethal plan, which was actually a

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<v Speaker 3>quote as he noted from Heather and Ian's daughter Ruth

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<v Speaker 3>de Bois, as.

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<v Speaker 1>The Wilkinson's daughter Ruth Dubois remarking her victim impact statement,

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<v Speaker 1>You quote followed through on your lethal plan your lunch GISs.

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<v Speaker 1>Each suffered severe gestro intestinal illness on the Sunday and

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<v Speaker 1>Monday prior to being sedated and mechanically ventilated. Their suffering

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<v Speaker 1>was protracted.

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<v Speaker 3>Because maybe if she'd said yes, I forage, and they

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<v Speaker 3>would have realized there was a chance they could have

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<v Speaker 3>consumed death caps or another seriously poisonous mushroom. They could

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<v Speaker 3>have had an antidote or the medication that people can

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<v Speaker 3>have to protect from liver damage. So she carried on

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<v Speaker 3>the cry in those following days, and he said their

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<v Speaker 3>suffering was substantial. It was enormous betrayal of the trust

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<v Speaker 3>of your victims. All had been good to you.

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<v Speaker 1>Your victims were all your relatives by marriage. More than that,

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<v Speaker 1>they had all been good to you and your children

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<v Speaker 1>over many years, as you acknowledged in your testimony.

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<v Speaker 3>Very damning, very scathing, and wrote me so.

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<v Speaker 4>And one thing that Justine Spiel pointed out was that

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<v Speaker 4>we still don't know why Aaron Patterson did what she did.

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<v Speaker 4>Motive was never established, he said, and he was talking

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<v Speaker 4>directly to her, only you know why you did this.

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<v Speaker 4>So given that, do you think that we're just going

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<v Speaker 4>to see endless speculation here about what her motive was.

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<v Speaker 3>Yes, unless she ever confesses, which it doesn't look like,

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<v Speaker 3>we will never know. I mean, of course there's speculation.

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<v Speaker 3>There was a fallout. He did mention the family fall

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<v Speaker 3>out briefly when she was seeking support from Don and

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<v Speaker 3>Gel Patterson regarding her a strange husband Simon's lack of

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<v Speaker 3>paying child support for a short time, and there's speculation

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<v Speaker 3>that she held onto that grudge even though it was

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<v Speaker 3>seemed to be resolved, and that she really held that

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<v Speaker 3>in But of course we heard when the pre trial

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<v Speaker 3>suppression order was lifted, we heard that, you know, Simon

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<v Speaker 3>Patterson alleges that she tried to poison him on several

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<v Speaker 3>occasions and made him extremely unwell. But you know, clearly

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<v Speaker 3>she's in the right place. Is a very serious crime.

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<v Speaker 3>This is a serial killing crime and one that we

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<v Speaker 3>thankfully don't see very often in Australia. But she has

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<v Speaker 3>been given these life sentences and yes it's thirty three

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<v Speaker 3>years in prison, non parole period, but actually, if you

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<v Speaker 3>break it down, Ian Wilkinson's attempted murder was twenty five years,

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<v Speaker 3>the killing of Heather Wilkinson life in prison, Gail Patterson

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<v Speaker 3>life in prison, Don Patterson life in prison. I mean,

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<v Speaker 3>if you added all that up, it would come to

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<v Speaker 3>like a hundred years. But she can only do what

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<v Speaker 3>she can do, so it's being done concurrently, and that's

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<v Speaker 3>a life sentence with a non parole period of thirty

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<v Speaker 3>three years. But she'll be eighty three, will she live

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<v Speaker 3>to see that we don't know. It's not exactly conducive

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<v Speaker 3>healthy conditions where she's being held.

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<v Speaker 4>Coming up, why the sole survivor of Erin Patterson's poisoned

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<v Speaker 4>lunch has offered forgiveness Lucy In setting Aaron Patterson's non

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<v Speaker 4>parole period, Justice Bill spoke a lot about this being

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<v Speaker 4>one of the biggest points that he had to make

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<v Speaker 4>a decision on. So tell me about the considerations that

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<v Speaker 4>would have gone into his decision.

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<v Speaker 3>I think with the non parole period when and there

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<v Speaker 3>was the pre sentencing hearing in the last few weeks

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<v Speaker 3>that we've had, there was a lot of argument between

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<v Speaker 3>the Crown and the defense bearer, Sir Colin Man DSc

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<v Speaker 3>in terms of should there be a non parole period.

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<v Speaker 3>The Crown were pushing no, she should die in jail.

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<v Speaker 3>And in the end the judge said, the reason he

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<v Speaker 3>gave her a non parole period, So for example, you

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<v Speaker 3>could call that a shred of light that one day,

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<v Speaker 3>at eighty three years old, she could have some kind

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<v Speaker 3>of freedom if she makes it that long, he said.

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<v Speaker 3>He took into consideration Erin's life in the Gordon Wing

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<v Speaker 3>of Dame Phyllis Frost Center. Now, this wing's quite infamous.

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<v Speaker 3>It is the most serious isolation wing, where generally they're

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<v Speaker 3>in their cells for maybe twenty two hours twenty three

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<v Speaker 3>hours a day and they don't really mix with each other.

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<v Speaker 3>They only mix with staff. So even though she's in

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<v Speaker 3>theory allowed out of herself, sometimes she doesn't get out.

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<v Speaker 3>But they're saying, due to the forthcoming documentaries, books, etc.

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<v Speaker 3>Her notoriety will go on, and they're worried that she

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<v Speaker 3>would be attacked effectively in prison. So he took that

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<v Speaker 3>into consideration in terms of giving her that non parole period,

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<v Speaker 3>because he accepts that that's not really standard to keep

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<v Speaker 3>someone in segregation. In fact, the UN suggests it should

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<v Speaker 3>only be fifteen days at a time, and she's facing

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<v Speaker 3>many years at a time in this situation.

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<v Speaker 4>Yeah, given that, given that it is in breach of

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<v Speaker 4>UN guidelines, how long is a situation like that likely

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<v Speaker 4>to go on for? Like you would hope, well, you

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<v Speaker 4>would think that it might change.

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<v Speaker 3>Yeah, I suppose while we're in this frenzy. We've got

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<v Speaker 3>the Stand documentary coming out, there's books coming out from

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<v Speaker 3>multiple publishers. There's going to be so much attention on this,

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<v Speaker 3>and so I think therefore her own safety. I think

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<v Speaker 3>it will be for the foreseeable future, might be, you know,

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<v Speaker 3>a few years, five years, she might be able to

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<v Speaker 3>go back and be in the more general area and

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<v Speaker 3>have despite what she's done. We're a humane country and

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<v Speaker 3>we treat people appropriately and I think that's important for

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<v Speaker 3>us as a societ and so she will be treated

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<v Speaker 3>as appropriate for her status at that point.

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<v Speaker 5>The murders here today is to give some well earned

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<v Speaker 5>thanks firstly to Victoria Police, in particular the homicide squad

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<v Speaker 5>and the team led by Detective Stephen epping Stall and.

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<v Speaker 4>Ian Wilkinson, who was the only person to survive that lunch.

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<v Speaker 4>He was there today and he spoke briefly outside of court.

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<v Speaker 4>He thanked police, he thanked prosecutors. So tell me a

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<v Speaker 4>bit about the impact of all of this on him,

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<v Speaker 4>as well as the other community members, family members, friends.

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<v Speaker 3>Ian Wilkinson look. I remember seeing him at the pre

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<v Speaker 3>trial hearing for the first time, the first time he

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<v Speaker 3>appeared in court that was last year in the Supreme

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<v Speaker 3>Court in the William Street and Melbourne. I was absolutely

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<v Speaker 3>blown away by his presentation. He was just so poised

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<v Speaker 3>for what had happened, including loss of his wife. He

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<v Speaker 3>appeared at the trial, he was very strong, he got

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<v Speaker 3>the facts out, he didn't waiver, he wasn't overcome by emotion. Again,

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<v Speaker 3>extremely impressive character. It was only when he came to

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<v Speaker 3>do his victim impact statement two weeks ago that he

0:13:18.240 --> 0:13:21.080
<v Speaker 3>did break down as he talked about Heather's character, and

0:13:21.120 --> 0:13:25.200
<v Speaker 3>she sounded such a wonderful person, absolutely lovely mother and

0:13:25.240 --> 0:13:29.040
<v Speaker 3>grandmother who helped her local community, helped family. And he

0:13:29.120 --> 0:13:32.600
<v Speaker 3>talked of the loneliness, the isolation, the despair of being

0:13:32.600 --> 0:13:36.439
<v Speaker 3>a new widower. He called himself suddenly single at that age,

0:13:36.480 --> 0:13:39.680
<v Speaker 3>you know, his early seventies, and he broke down, but

0:13:39.760 --> 0:13:42.520
<v Speaker 3>he still carried on. He got through that statement. He

0:13:42.559 --> 0:13:45.400
<v Speaker 3>had took deep breaths, he paused, and then of course

0:13:45.760 --> 0:13:51.360
<v Speaker 3>his daughter, Ruth Dubois, another incredibly impressive lady, who said

0:13:51.400 --> 0:13:53.800
<v Speaker 3>how much she missed her mother, and poignantly she said

0:13:54.200 --> 0:13:57.679
<v Speaker 3>she was somebody I trusted with both the best parts

0:13:57.720 --> 0:14:01.480
<v Speaker 3>and worst parts of myself, knowing there'd be no judgment.

0:14:01.840 --> 0:14:04.160
<v Speaker 3>I have really connected to what she said, and I

0:14:04.240 --> 0:14:07.320
<v Speaker 3>really realized the loss, and that really was emotional. And

0:14:07.360 --> 0:14:10.120
<v Speaker 3>then of course there was many other statements made in

0:14:10.120 --> 0:14:13.160
<v Speaker 3>fact altogether lodged with the court. There was twenty eight

0:14:13.360 --> 0:14:16.880
<v Speaker 3>victim statements. The judge was clearly very moved by that

0:14:17.000 --> 0:14:19.920
<v Speaker 3>and he said this has affected generations, plus their friends,

0:14:20.280 --> 0:14:24.160
<v Speaker 3>plus the community. He took that into consideration with the sentencing.

0:14:25.000 --> 0:14:29.200
<v Speaker 4>And so Aaron Patterson now has a month to lodge

0:14:29.240 --> 0:14:31.120
<v Speaker 4>an appeal either against her.

0:14:31.120 --> 0:14:34.640
<v Speaker 3>Sentence or her conviction or both. So does that seem

0:14:34.720 --> 0:14:36.600
<v Speaker 3>like a thing to happen, Well, it's up in the

0:14:36.640 --> 0:14:39.080
<v Speaker 3>air at the moment. She now has exactly twenty eight

0:14:39.200 --> 0:14:42.880
<v Speaker 3>days from today, as you mentioned, to appeal either against

0:14:42.880 --> 0:14:47.240
<v Speaker 3>conviction or sentence. So it will be very interesting. Her barrister,

0:14:47.360 --> 0:14:50.960
<v Speaker 3>Colin Mandy, didn't comment. He was surrounded by media as

0:14:50.960 --> 0:14:54.280
<v Speaker 3>he left the court today. It was interesting there was

0:14:54.320 --> 0:14:58.360
<v Speaker 3>one point in the judge's speech where I felt, yeah,

0:14:58.400 --> 0:15:01.680
<v Speaker 3>he may seem to suggest she shridn't appeal. He pointed

0:15:01.720 --> 0:15:05.280
<v Speaker 3>out that Ian Wilkinson had offered her his forgiveness and

0:15:05.320 --> 0:15:08.120
<v Speaker 3>the quote that Ian Wilkinson said it was for all

0:15:08.240 --> 0:15:12.360
<v Speaker 3>those harms done to me, with full confession and forgiveness.

0:15:12.640 --> 0:15:15.160
<v Speaker 3>Then it was interesting. The judge mentioned that it was

0:15:15.440 --> 0:15:17.800
<v Speaker 3>perhaps he was saying, you know, don't appeal, don't put

0:15:17.840 --> 0:15:20.800
<v Speaker 3>these people through that and you make yourself a better person,

0:15:20.840 --> 0:15:24.200
<v Speaker 3>which was what Ian Wilkinson did. But look at this point,

0:15:24.480 --> 0:15:27.120
<v Speaker 3>she's got thirty three years ahead of her before she's out.

0:15:27.160 --> 0:15:30.640
<v Speaker 3>That's if she survives that long in those conditions, and

0:15:30.760 --> 0:15:34.680
<v Speaker 3>so I think she probably will appeal. Like she's never confessed,

0:15:34.880 --> 0:15:37.760
<v Speaker 3>she's put everyone through a lengthy trial. So we'll have

0:15:37.840 --> 0:15:40.160
<v Speaker 3>to just see. But I wouldn't be surprised because she

0:15:40.240 --> 0:15:41.440
<v Speaker 3>literally has nothing to lose.

0:15:44.280 --> 0:15:46.880
<v Speaker 4>Well, Lissie, thank you so much for be at time today,

0:15:47.200 --> 0:15:48.440
<v Speaker 4>Oh my pleasure.

0:16:02.040 --> 0:16:02.320
<v Speaker 3>Seven.

0:16:02.360 --> 0:16:04.280
<v Speaker 2>I am will be back tomorrow with an episode on

0:16:04.280 --> 0:16:08.520
<v Speaker 2>the booming market for political information. US President Donald Trump

0:16:08.560 --> 0:16:11.680
<v Speaker 2>is selling fast access to his truth social posts to

0:16:11.760 --> 0:16:15.520
<v Speaker 2>training firms, while prediction markets are letting people bet on

0:16:15.560 --> 0:16:19.400
<v Speaker 2>everything from elections to what has decisions towards.

0:16:19.640 --> 0:16:23.360
<v Speaker 6>More than one hundred and fifty wallets on polymarket may

0:16:23.400 --> 0:16:28.120
<v Speaker 6>have traded on inside US military information, So that soldier

0:16:28.640 --> 0:16:32.520
<v Speaker 6>who was charged back in April for using classified information

0:16:32.680 --> 0:16:35.960
<v Speaker 6>to bet on the removal of former Venezuelan president Nicholas

0:16:35.960 --> 0:16:40.680
<v Speaker 6>Maduro and back in March, just before Trump announced the

0:16:40.720 --> 0:16:43.360
<v Speaker 6>strikes on Iran, like there were a series of well

0:16:43.440 --> 0:16:46.520
<v Speaker 6>timed pets that were placed on some of these big exchanges.

0:16:46.800 --> 0:16:51.000
<v Speaker 6>They were placed precisely a few minutes before the policy

0:16:51.000 --> 0:16:56.240
<v Speaker 6>announcement from Trump, which means that obviously some insiders profited

0:16:56.320 --> 0:17:00.280
<v Speaker 6>from early access to information from Trump's in a.

0:17:00.160 --> 0:17:04.280
<v Speaker 2>Circle that'll be in your feet tomorrow. I'm Daniel James.

0:17:04.280 --> 0:17:05.280
<v Speaker 2>Thanks for listening to seven.

0:17:05.320 --> 0:17:05.560
<v Speaker 5>Are you